Common use of Emergency Entry Clause in Contracts

Emergency Entry. 6.5.1 In the event of an actual or reported emergency, danger, or threat that is reasonably believed by CALTRANS or police, fire, emergency services, armed forces, or any other governmental security or emergency personnel to have caused (or to present the imminent potential to cause) injury to individuals, damage to PROPERTY, or threat to the environment, the personnel of such agencies may enter the PROPERTY to take at such times as CALTRANS or another governmental entity with jurisdiction determines necessary in its reasonable judgment and with such notice to LESSEE as is practicable under the circumstances, such actions as CALTRANS or another governmental entity with jurisdiction determines necessary to respond to such emergency, danger, or threat. 6.5.2 In the event of an actual or reported emergency, danger, or threat that is reasonably believed by LESSEE or police, fire, emergency services, armed forces, and any other governmental security or emergency personnel to have caused (or to present the imminent potential to cause) injury to individuals, damage to PROPERTY, or threat to the environment, the personnel of LESSEE or such agencies may enter the SHS to take at such times as LESSEE or a governmental entity determines necessary in its reasonable judgement and with such notice to CALTRANS as is practicable under the circumstances, such actions as LESSEE or a governmental entity with jurisdiction determines necessary to respond to such emergency, danger, or threat. 6.5.3 In the event of any circumstance or event affecting the PRIVATE RAIL LINE that is not an actual or reported emergency, danger, or threat addressed by Section 6.5.1above, but is reasonably believed by CALTRANS to have caused an impairment to the continuous safe operation of any portion of the SHS or a HIGHWAY FACILITY, and if CALTRANS in the exercise of its reasonable judgment determines that, following written notice to LESSEE describing the circumstance or event with particularity, LESSEE is not taking the steps reasonably necessary to respond to or to rectify such circumstance or event within a reasonable time as is practicable under the circumstances, CALTRANS may enter the PROPERTY to take, at such times as CALTRANS determines necessary in its reasonable judgment to be exercised with any lawful limitations imposed by the STB, the FRA, the Federal Transit Administration, or the California Public Utilities Commission, and with prior written notice to LESSEE, such actions as CALTRANS determines may be necessary to respond to or to rectify such circumstance or event or to restore the safe operation of the SHS or the affected HIGHWAY FACILITY, with it being understood and agreed that the use of the PROPERTY for the PROJECT and PASSENGER RAIL SERVICE in accordance with applicable law will not be deemed to cause an impairment to the continuous safe operation of SHS or a HIGHWAY FACILITY.